• APHC010582032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 9479 OF 2024 Between: Pandala Naga Mallikarjuna, S/o. P.Yadagiri, R/o. H.No.195/7, Dwaraka Nagar, Velugodu Town & Mandal, Nandyal District, Andhra Pradesh ...Petitioner/ Petitioner AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi, Through Station House Officer, Panyam Police Station, Nandyal District. ...Respondent/ Respondent/ Complainant Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the criminal petition by setting aside the order dated 07-10-2024 passed in CrI.M.P. No. 2166 of 2024 in Cr. No. 57 of 2024 on the file of Hon’ble Judicial Magistrate of First Class, Nandyal, and Consequently direct the Respondent herein to return the machine i.e., L&T Komatsu PC 200-6 Hydralic Excavator of the petitioner herein for interim custody. nr • ' '1^ lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondent to grant interim custody of the machine i.e., L&T Komatsu PC 200-6 Hydraulic Excavator to the petit! r\r»or wi iwi . Counsel for the Petitioner; Sri V.NiteshCounsel for the Respondent: The Public Prosecutor, High Court of A.P. The Court made the following order: 1 APHC010582032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 9479 OF 2024 Between: 1. PANDALA NAGA MALLIKARJUNA, S/o. P. Yadagiri, R/o. H.No.195/7, Dwaraka Nagar,Velugodu Town and Mandal, Nandyal District, Andhra Pradesh ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High court at Amaravathi, Through Station House Officer, Panyam Police Station, Nandyal District. ...Respondent Counsel for the Petitioner: V NITESH Counsel for the Respondent: PUBLIC PROSECUTOR 2 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 9479 OF 2024 ORDER; The petitioner is aggrieved by the order dated 07.10.2024 passed in Crl.M.P.No.2166 of 2024 in Cr.No.57 of 2024, on the file of the learned Judicial Magistrate of First Class, Nandyal. The petitioner claims to be the owner of one L&T Komatsu PC 200-6 Hydraulic Excavator, which was seized in connection with Cr.No.57 of 2024 registered for the alleged offences under Section 379 iPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. 02. It is the case of the petitioner that he had purchased the said vehicle in the year 2023 from his vendor, who in turn had purchased it from one S.EIred Kumar under an unregistered sale agreement dated 03.05.2012. The petitioner filed Crl.M.P.No.2166 of 2024 seeking interim custody of the said vehicle. The learned Magistrate dismissed the said petition on the ground that the petitioner relied on an unregistered agreement of sale and that the invoice stood in the name of one S.EIred Kumar. The learned Magistrate also noted that no steps were taken by the petitioner to transfer the registration in his name. 3 03. The vendor of the vehicle submitted before the learned Judicial narrating the sequence of events and vehicle in favour of the petitioner. The executed an affidavit, which was First Class Magistrate \ \ confirming the sale of the learned counsel for the petitioner submits that the vehicie is presentiy iying outside the Pandyam Police Station and exposed to sun and rain since its seizure on 07.04.2024. It is further submitted that if the vehicle i not upto use on regular basis and that IS continued exposure may result in damage to the vehicle and thereby the value of the same would be depreciated. Heard the learned counsel for the learned Assistant Public Prosecutor for the State. Taking the facts and circumstances into the submissions made, the fact that the vehicle has unused and is liable to deterioration, and further documentary evidence submitted before the learned 4. petitioner and the 5. consideration and been lying considering the Magistrate in support of the petitioner’s claim, this Court is of the opinion that the petitioner is entitled to interim custody of the vehicle. 6. Accordingly, the vehicle in question, i.e., L&T Komatsu PC 200-6 Hydraulic Excavator, shall be released furnishing a personal bond for to the petitioner on a sum of Rs.50,000/- (Rupees Fifty 4 / / / Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Nandyal. The petitioner shall file an undertaking before the said Court that he will produce the vehicle as and when directed during the course of trial and will not alienate or alter the identity of the vehicle in any manner. With the above directions, the Criminal Petition is disposed 7. of. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR /jy' //TRUE COPY// '\ SECTION OFFICER \ To, 1. The Judicial Magistrate of First Class, Nandyal, Kurnool District 2. One CC to Sri V Nitesh, Advocate [OPUC; 3. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies GPC vna HIGH COURT DATED: 02/07/2025 \ ORDER CRLP NO. 9479 OF 2024 ^ 1 9 JUL 2025 ^^S4^nt SectigiiXV \fi£ja^ass^ DISPOSING OF THIS CRIMINAL PETITION